European Stars And Stripes (Newspaper) - February 6, 1988, Darmstadt, Hesse Page 10 the stars and stripes saturday. February 6,1988 columns . Shipp no. Ruling could end surrogate motherhood i it . Tp4aii Smtih i Iii Citrine nov Wjk Hsk supreme court s decision in Itic Haby m Case is Noi binding beyond the stale s Burden hut open say it could Deal a death blow to i hi1 commercial practice or surrogate motherhood in Ninny Oiler Slatev the new Jersey court is viewed As one of the most influential state courts in the nation particularly in the Field r r family la. Because of the Lack of Legal Precco dents on inc subject state couns and Legislatures arc Likely 10 turn to the Raby m decision Tor guidance at they grapple with whether to outlaw surrogate motherhood or regulate it. In essence the new Jersey court found that Surro Gate agreements arc illegal when they arc arranged for profit. We find no offence to our present Laws where a woman voluntarily and without payment agrees to act As a surrogate Mother provided thai she is not subject 10 a binding agr Mcmeni to surrender tier child new Jersey s chief Justice. Robert n. Wil Cruz wrote in the unanimous decision he went on this is inc Sale of a child or at inc very least the sale1 of a Mother s right to her child the Only mitigating Factor being that one of the purchasers is the father. Almost every evil that prompted the pro i bilion of the payment of Money in connection with adoption a lists what docs this mean in a practical sense James Bosky a professor at the scion Hall univer sity Law school in Newark and an Eup Crl on parental rights believes it does away with a Large part of Surro William f. Buckley or. Angela r. Holder a professor of paediatrics Law at the Yale University medical school added "1 Don t i Ink there Are going to be a lot of volunteers to do it fur Noel p. Canc a Dearborn mich., lawyer who has fashioned a career out of Matching infertile couples with women willing to Bear their children for a fee. Tried to minimize the Impact of the decision beyond new Jersey. But he too acknowledged thai practically speaking other Stales and other judges will obviously review this and Keane added. Couples will be apprehensive that if they enter into an agreement some other court will agree with the new Jersey still he said 99 percent of surrogacy arrange ments arc carried out without conflict Between the biological Mother and the biological father Ihus infer tile couples will be willing to Lake the risk. We re dealing with couples that cannot have a fam ily " he said. So surrogacy is their Only shot. Even with Itic decision and the probability of other judges ruling similarly they will continue to try Kane whore new York clinic matched William and Elizabeth Stern with Mary Beth Whitehead would said the 20qih baby was born last week As a result of agreements he has brokered another 47 babies Are on the Way and another 150 couples Are anticipating the pregnancies of women they have selected to Bear their children. Holder of Yale said thai if of her courts adopt the View of the new Jersey court that surrogate mothering agreements Are against Public policy then lawyers who broker i Host arrangements would find in impossible to obtain malpractice insurance. If i were running a sur Rogate Mother Agency i d find something Eta to do in a hurry she said. Courts and Legislatures however do have other precedents to consider particularly one from Ken Tucky. In a ruling iwo years ago the a unlucky supreme court held Hal there was nothing in stale Law to pro Hibit surrogate Parent agreement even if the woman who bears the child is paid a fee. The advances of biomedical science have carried us Forward willingly or otherwise into a new Era of genetics the Kentucky court said. If there Are social and ethical problems in the solutions science offers these Are problems of Public policy thai belong in the legislative Domain nol in the judicial under our constitutional doctrine of separation of the Kentucky Case surrogate parenting associates inc. Is. Kentucky stemmed from a decision by the stale attorney general to close a clinic Hal brokered surrogacy agreements asserting Hal the clinic was involved in Itic illegal talc of babies. Unlike t1ie baby m Case the Kentucky Case did nol involve the litigation of inc rights of the child and of the competing natural parents. For that reason Case is Likely to be Given greater weight. Helms is right in not Rushing inf missile treaty a jlj.4 Ati Nurt Lvi Ron tour it is fashionable 10 make fun of sen. Jesse Hilms. And fashion rules with a heavy hand before inc Senate foreign re lations committee that is hearing inc Case fur ratification of the inf treaty. Last week. Mrs. Jane Kirkpatrick made head Linn for bad ing the treaty though some of her res nations seeped through. Jesse Hewins began being obstreperous to some of his Oil Leaeu " when he looked up with thai ans face his classes at inc far end of his now and said we re not Halkin bout reducing nude air weapons. There Aren t any reductions in inc sen. Helms was making the neat paint on which George Bush had stumbled Ono Dartmouth a couple of weeks before what is in Prospect is the dismantlement of the ss-20s and the Pershing. The warheads will be stored somewhere or other. Our Side takes the a Siti in that the soviets were prepared to destroy the warheads themselves but thai in order to arrive Al thru agreement it would he Nec Essary 10 to Kablish stricter verification procedures. And if we did Hal. Soviet scientists would have in inside look at our nuclear technology. That s the Kim far Gurnani one simply has to accept Al face value i Host of us who do not know what refinements in nuclear technology we have developed Over those inc soviet Union has devel oped. Bui the Helms watchers Sec the senator engaged in a destructive Mission. Ill1 is opposed to the treaty and in is said he plans to try to defeat it by fair Means or foul. For instance his critics say there is the question of exactly How Many ss-20s inc soviet Union has. There is the offi number 715. And sen. Helms us is there is an unofficial num Ber. In is difficult to understand Why the sni Iris would need to secrete an ss--0 All Thev need to do is to Lake two War Heads from the ensling Model for an ss-10 and Call in an is 5. Against which there is m provision in the treaty sen. Helms suggested Hal intelligence serv ices kit1 of a secret hate of Ruih things Are Suid. His colleagues -rtouare6�rriri&vei?/5leefy.vb�/rieeo, wr.tw6supreme codkt.vjnjl.srr6er a fogies in a Frew. By the soviet Union. Sen. Herns faces problems made up in part by inc plight in which critics of inc treaty find themselves. In is As simple Aslo ask oneself this imagine that the trea and the press look skyward in their mis cry. One reflect thai most senators did so also in 1962, when sen. Ken Noih Keating he cored his colleagues about the exis tence of secret missiles planted in Cuba to were rejected in july. Is in anywhere supposed that in August the deployment schedule for our inter Mcdial Range mis Siles in Europe would proceed the inf agreement became a treaty in Etc cd the Day 11 was enunciated. What happened almost instantly was a restructuring of political Loei in Europe theri Shl became a Lille less Resolute the Center moved critically to the left and the left hardened its general pacifist Posi Tion. When Woodrow Wilson came Bank from Paris with he league of nations agreement in his pocket he could be Defeated by a Senate Hal expressed a Gen Era isolationism. Do Ronald Reagin deals not with the nature of . Participation in foreign undertakings. It is Europe that the inf is most directly about and the europeans Are not about to per Mit the United Stales to Tell them that they cannot have whal inc majority de sires an apparent step toward inc reduction of the nuclear i real. Mrs. Kirkpatrick did indeed suggest the need for one amendment namely a declaration that the treaty would be null and void if the soviet Union were selected violating in. On wonders what treaties Between us would be Weilant if the Rule were applied Sci Road Lively but the Reagan administration wants nothing thai would require return ing to the no Goliath no table in cd Nova. Why because Iacre is a passion out there to gel on with the general disarmament project Asil is viewed. Nest is scheduled Start which would impoverish our nuclear Supply. That s of provided there were no relative advantage won by the enemy. But ensling Blue prints Call for a Sharp reduction in our submarine nuclear Fleet which is uniquely Invulnerable to first strike capabilities. Whal. Or. Helms is saying in effect is the Garcal hurry but us is treated like the preacher who goes on and on with a endless Sermon while the Bode and Groom Are standing there hands touch ing in ardent desire to consummate their marriage. Sen. Helms is Iacre saying Well saying. Left Cool it. He is per forming a valuable Imam in pin s
